i know there's some funny loopholes here, but anybody think they could lay it down for me? can i sell a mix of other peoples tracks as long as i call it PRESENTED BY DJ GRIFTY or some shit? or what's the deal? i heard somewhere that girl talk doesn't have to clear ANY of his samples because of this.

if youre looking to just play a mix and have people download it for free, then fair use is your friend.if youre wanting to sell this music and make money off other artists work? then there's some tricky jargon you should probably talk to a lawyer about (not joking)

every promising producer and DJ is a lawsuit waiting to happen.

Girl Talk does not do what he does legally. Proudly so.

if you want to sell your music/mixes, do it!if youre afraid of big music coming down on you, DONT do it

damn thanks mellow. i dunno, i thought there was at least some provisions that allow DJs to sell mix cds....... but if you say you're a DJ, and give credit to all the artists than could it still be fair use? even if you're selling it? hmmm sometimes i'm just like "fuck it all" and about ready to put out hella shit but other days i say "i'm too scared of getting the crap sued out of me"

damn thanks mellow. i dunno, i thought there was at least some provisions that allow DJs to sell mix cds....... but if you say you're a DJ, and give credit to all the artists than could it still be fair use? even if you're selling it? hmmm sometimes i'm just like "fuck it all" and about ready to put out hella shit but other days i say "i'm too scared of getting the crap sued out of me"

Grifty, There's no loopholes. When you create a new work and copyright it, it's yours - you're protected under the law. When you're using something that isn't yours, it doesn't become yours by you using it.

The thousands of people who sell mixtapes, use samples and such, are not protected by legal loopholes of any kind. They're doing this because the they can. They can get away with it because the cost suing anyone for compensation is far more costly than anything they might get in a settlement, not to mention the time and energy it would consume. That is why mixtapes exist. This is why entire black markets exist.

Geechie summed it up -- "man just do that shit fuck the rest"

Let's say I released a bad-ass 12-inch single and you put in it on a mixtape with 20 other tracks. First i have to find out who made it, who distributed it, etc - find the motherfucker. Then I spend $20,000-50,000 in lawyer & legal fees to sue you for statutory damages. If you made $5000 on your mixtape, what's the fucking point of suing? Could I show I'm owed even 5000? And even if I sued you for the maximum penalty allowable under the law, $150,000, what are the chances you have the money to pay me? If you're dicking around with mixtapes I'm guessing you're as broke as me, which means i'm not going to sue you at all.

And by the way, Fair Use is not "your friend," unless you're a teacher or something, trying to use small portions of someone's work for "criticism, comment, news reporting, teaching, research." The fair use clause was not written to be a loop hole for cheapskates. It was meant so that someone could, to use a very random example, use a piece of a movie to criticize it and not worry about getting sued by the owner over a bad review.

Grifty, There's no loopholes. When you create a new work and copyright it, it's yours - you're protected under the law. When you're using something that isn't yours, it doesn't become yours by you using it.

The thousands of people who sell mixtapes, use samples and such, are not protected by legal loopholes of any kind. They're doing this because the they can. They can get away with it because the cost suing anyone for compensation is far more costly than anything they might get in a settlement, not to mention the time and energy it would consume. That is why mixtapes exist. This is why entire black markets exist.

Geechie summed it up -- "man just do that shit fuck the rest"

Let's say I released a bad-ass 12-inch single and you put in it on a mixtape with 20 other tracks. First i have to find out who made it, who distributed it, etc - find the motherfucker. Then I spend $20,000-50,000 in lawyer & legal fees to sue you for statutory damages. If you made $5000 on your mixtape, what's the fucking point of suing? Could I show I'm owed even 5000? And even if I sued you for the maximum penalty allowable under the law, $150,000, what are the chances you have the money to pay me? If you're dicking around with mixtapes I'm guessing you're as broke as me, which means i'm not going to sue you at all.

And by the way, Fair Use is not "your friend," unless you're a teacher or something, trying to use small portions of someone's work for "criticism, comment, news reporting, teaching, research." The fair use clause was not written to be a loop hole for cheapskates. It was meant so that someone could, to use a very random example, use a piece of a movie to criticize it and not worry about getting sued by the owner over a bad review.

If you use copyrighted material without permission, you can be sued. Period. If that copyrighted material was not registered within 3 months of publication, they can only sue you for an injunction and actual damages. In your case, that may equate to an injunction and $0.

But if they registered their copyright within 3 months of publication, they can come after you for statutory copyright damages. Those damages range from $750 to $30,000 per infringement. If the infringement is deemed to be willful, the maximum goes up to $150,000 per infringement.

Yes, the fact that you are using it for a free mix tape can be raised as part of a "fair use" defense, but the fact that you are not profiting WILL NOT prevent you from being sued. So, if you want to risk $150,000 + legal fees...well, that's the territory you're in.

An important distinction between homemade mixes and retail compilations of pop music is that the latter generally obtain permissions for the use of copyrighted songs, while the former do not. As a result, mixtapes, such as those produced and sold by club DJs in the 1970s, are illegal. Most mixtape enthusiasts assume that private mixtapes are inoffensive from a fair use standpoint, but this is far from clear.

With regards to those aforementioned quotes Mellow please remember what fungus said about costs for the parties to sue you, court costs are expense for both sides and if it isn't feasible to sue you then its most likely not going to happen.

EDIT: I'm wondering how nobody has brought up the MMS mixes. A couple bloggers got their panties in a twist over the fact that The Madlib recorded himself playing a bunch of records that other artists made.

With regards to those aforementioned quotes Mellow please remember what fungus said about costs for the parties to sue you, court costs are expense for both sides and if it isn't feasible to sue you then its most likely not going to happen.

EDIT: I'm wondering how nobody has brought up the MMS mixes. A couple bloggers got their panties in a twist over the fact that The Madlib recorded himself playing a bunch of records that other artists made.

you should pick up the MMS #13 CD. the liner notes are an essay from someone about the politics, legality and moral issues of selling mixtapes, all focusing on MMS #2. it seemed like a perfect way to wrap up the while MMS series.